Supreme Court Agrees to Hear Hobby Lobby, Conestoga RFRA Cases

Written by Don Byrd
The U.S. Supreme Court announced today it will hear the appeal in two cases involving religious objections to the contraception coverage mandate in the Affordable Care Act.

Conceivably, resolving these two cases will give the Court the opportunity to answer the question of a corporation’s capacity to exercise religion. If the answer is yes, they likely would wade into the question of whether the mandate substantially burdens that exercise and whether the government’s interest in the case is a compelling one that requires the mandate’s application to all for-profit corporations.

U.S. Supreme Court Poised to Take Up Contraception Case(s)?

Written by Don Byrd
Tomorrow, the U.S. Supreme Court will meet to determine which new cases to take up. SCOTUSblog notes that the list of petitions for the conference includes several challenges to the Affordable Care Act’s contraception coverage mandate. Could this be the week the Court decides to resolve one of the most controversial church-state disputes of the last few years?

It sure looks that way. Usually, a petition before the Supreme Court faces very long odds of being accepted. Here, though, the Court has multiple directly conflicting opinions from federal appeals courts, on an issue of public controversy. Some courts have ruled the requirement an unconstitutional burden on the religious exercise of business owners. Others have found the burden too indirect, or ruled that a corporation cannot exercise religion in the first place. Which case or case(s) the court decides to hear could be an interesting clue as to which questions they are prepared to answer.

Snake-Handling Pentecostal Preachers Claim First Amendment Protection

Written by Don Byrd
The Pentecostal tradition of snake-handling goes back several generations in Appalachia. Adherents believe God requires them to hold poisonous snakes as a test of their faith that they will be protected. In Tennessee, the practice is under renewed scrutiny pursuant to state laws that prohibit the possession of rattlesnakes and other dangerous wildlife. Charged with an offense for keeping dozens of such snakes, Andrew Hamblin argues the First Amendment protects his right to practice this brand of faith.

BJC’s RFRA Symposium Now Online

Written by Don Byrd Today is the 20th anniversary of the enactment of the Religious Freedom Restoration Act, a law that strengthened protections for a person’s religious exercise when substantially burdened by government action. The law passed thanks to an...

Ohio Science Teacher Firing Upheld by State Supreme Court

Written by Don Byrd The long legal odyssey of fired high school science teacher John Freshwater may finally be at a close following yesterday’s ruling by the Ohio Supreme Court upholding his dismissal for insubordination. Freshwater refused the order of school...